Yarbrough Oldsmobile Cadillac, Inc. - Page 45

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          as constructive dividends to Elvin.  We also conclude that Elvin            
          received a constructive dividend of $1,155 for maintenance,                 
          repairs, and operation of the Sea Ray Boat that were paid by YOC            
          in 1983 but that were not deducted by YOC as a business expense.            

          The Motor Home -- Claimed Business Expenses                                 
          and Constructive Dividends                                                  
               Petitioners argue that because YOC received the motor home             
          in trade on the sale of a new automobile and because Elvin used             
          the motor home primarily for business, the motor home should be             
          treated as an asset of YOC and expenses associated with the motor           
          home should be treated as deductible business expenses of YOC.              
               Respondent argues that the motor home should be treated as             
          Elvin's property and that Elvin used the motor home almost                  
          exclusively for personal use.  Respondent therefore concludes               
          that the full $10,000 cost of the motor home should be treated as           
          a constructive dividend to Elvin.  Respondent also argues that              
          the $10,697 in 1983 and the $16,802 in 1984 paid by YOC for                 
          maintenance, improvement, and operation of the motor home should            
          be disallowed as business expenses of YOC and should be treated             
          as constructive dividends to Elvin.                                         
               We agree with petitioner as to ownership of the motor home,            
          but we agree with respondent as to its use and as to the various            
          expenses related thereto.                                                   
               YOC received the motor home as a trade-in on the purchase of           
          a new automobile in a valid business transaction, and the motor             




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